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(영문) 수원지방법원 2015.04.16 2014노4754
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor's appeal grounds (e.g., the crime of this case) is that the defendant forced the victim to board a taxi, leads the victim to the front entrance of his residence, and the defendant's face and chests, etc. were taken before the entrance, and the criminal intent was doubtful and could lead to an additional crime in light of the method of the crime. The defendant's crime of this case is serious since it cannot be inferred about the risk, and its importance is recognized as not only because the risk cannot be inferred, but also it is very poor in the nature of the crime in light of the circumstances and method of the crime, and the proper sentence is necessary for the prevention of recidivism and the rehabilitation of the defendant. In light of the above, the sentence of the court below that sentenced a fine of KRW 5 million is too unreasonable.

2. The judgment of the court below is against the defendant's wrongness, and it seems that the defendant committed each of the crimes of this case by drinking alcohol and contingently, the detention time is relatively long, and the degree of injury is not excessive, the defendant does not have any history of criminal punishment in Korea, the defendant has no record of criminal punishment, and his father is staying in Korea, and his father is also staying in Korea, and the social ties relation is clear, the victim was damaged, and the Dong expressed his intention that he does not want the punishment. In light of the motive and background of each of the crimes of this case, the circumstances before and after the crime of this case, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior, and the environment, etc., all of the circumstances alleged in the grounds for appeal, and therefore, the above assertion is without merit.

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.

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